Criminal Law
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A peace bond is a court order in which a person promises, by entering into a recognizance, to keep the peace and be of good behaviour and to follow any conditions the court sets. Under section 810 of the Criminal Code, a judge or justice can order one when someone has reasonable grounds to fear that another person will injure them, their intimate partner or child, or damage their property. An ordinary section 810 peace bond lasts no more than 12 months.
Peace bonds come up in two very different situations in British Columbia. Sometimes a person who feels threatened asks the court for one. Just as often, the Crown offers a peace bond to someone charged with an offence as a way to resolve the case without a trial. This guide explains both situations, what conditions are common, what happens if a bond is refused or breached, and how a peace bond relates to criminal records, immigration status and family-law protection orders.
Key takeaways
Table of contents
A peace bond is a promise made to the court, called a recognizance, to “keep the peace and be of good behaviour” for a set period. It can be made with or without sureties and usually comes with conditions, such as staying away from a particular person or place.
Courts have consistently described the peace bond regime as preventive rather than punitive. In R. v. Budreo (2000), 46 O.R. (3d) 481 (C.A.), the Ontario Court of Appeal said that section 810 is a preventive measure that does not create an offence or impose criminal punishment. In Whitfield v British Columbia (Provincial Court), 2018 BCSC 1065, the BC Supreme Court described the underlying goal of peace bonds as preventive justice rather than punishment.
There are two sources of peace bonds in Canada: the statutory peace bonds in sections 810 to 810.2 of the Criminal Code, and the older common-law peace bond, whose jurisdiction is preserved by section 8(2) of the Criminal Code. Both are preventive, but they are not the same thing, and the rules for each differ.
Under section 810(1) of the Criminal Code, an information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person will cause personal injury to them or to their intimate partner or child, or will damage their property. The section also covers a fear that the other person will commit an offence under section 162.1, which deals with the non-consensual distribution of intimate images. An “intimate partner” includes a current or former spouse, common-law partner or dating partner.
If the justice or summary conviction court is satisfied by the evidence that the person has reasonable grounds for the fear, it may order the defendant to enter into a recognizance for a period of not more than 12 months (section 810(3)).
The test has two parts. The court looks at whether the fear is genuinely held and whether it is objectively reasonable. In Carter v. Antler, 2025 ONSC 6091, at paras. 25 to 26, the Ontario Superior Court described the standard as proof on a balance of probabilities that the informant has reasonable grounds for the fear, considering both the subjective fear and whether it is objectively established. In BC, R v Hao, 2023 BCSC 2078, upheld a Provincial Court order where the judge had applied both the subjective and the objective elements of the section 810(1) test.
This means a peace bond is not ordered simply because one person asks for it. The court needs evidence, and the person responding has the opportunity to challenge it.
The court may add any reasonable conditions it considers desirable to secure the defendant’s good conduct. Section 810 also requires the court to turn its mind to two specific kinds of conditions:
These conditions are not automatic, but the court has to consider them. Other common terms are tailored to the situation, for example not attending a workplace or residence. Ordinary section 810 has no separate subsection dealing with reporting conditions; specific reporting provisions appear in some of the specialized peace bonds, such as sections 810.1 and 810.2.
Because conditions can affect where you can go, who you can speak to and whether you can keep firearms for work or recreation, it is worth reviewing proposed wording carefully before agreeing to it.
Parliament has created several specialized peace bonds. Their ordinary maximum is generally 12 months, but a qualifying prior conviction can extend it:
The conditions available under each of these provisions differ, and some allow treatment, residence, abstinence or electronic monitoring conditions. The exact subsection should always be checked before assuming a condition applies.
For an ordinary section 810 peace bond, the information is laid “before a justice”, which includes a justice of the peace or a Provincial Court judge. In S. 810 Application to Issue Process on a Private Information, T. Anthony, 2019 BCPC 141, the Provincial Court of British Columbia confirmed that a private person may lay a section 810 information and described the process: sworn evidence is presented, and the justice causes the parties to appear, usually by summons.
In general terms, the steps look like this:
The Crown can also play a role in privately laid section 810 matters. In British Columbia (Attorney General) v British Columbia (Provincial Court), 2019 BCSC 2003, the BC Supreme Court held that a section 810 hearing is a “proceeding” that the Crown may stay under section 579 of the Criminal Code. Information about Provincial Court locations and services is available on the Provincial Court of British Columbia website.
A peace bond is often discussed when someone has been charged with an offence such as assault, uttering threats or harassment. The Crown may agree to stay or withdraw the charge if the accused enters into a peace bond. In Whitfield, for example, the Crown agreed to stay an assault charge after the accused agreed to a six-month common-law peace bond, and in Veeken v Spratt, 2019 BCPC 204, the court record showed a section 810 peace bond entered and other charges stayed in the same proceedings.
Two cautions are important:
If you have been charged, speak with a lawyer before agreeing to any resolution. Our pages on what to do if you are arrested, assault charges in Vancouver and domestic assault charges in BC explain related issues.
Entering into a peace bond is not a criminal conviction. The courts treat it as a preventive order, not a finding that an offence was committed. For many people, that is the main reason a peace bond can be an acceptable resolution.
That said, it would be wrong to say a peace bond is invisible. Courts have heard evidence of police officers searching police databases for the details of a peace bond, such as its expiry date. The research behind this article did not locate a primary source setting out exactly how a stand-alone section 810 bond is displayed or retained on the Canadian Police Information Centre (CPIC) or what appears on each type of record check. The Criminal Records Act provisions on removing records deal mainly with convictions and discharges, not stand-alone peace bonds.
If a background check matters to your work, volunteering or travel, ask specific questions about the type of check involved. Our article on removing a criminal record in Canada covers record suspensions and related topics.
Refusing to enter the bond. If the court orders a section 810 peace bond and the defendant fails or refuses to enter into it, the court may commit the defendant to prison for up to 12 months (section 810(3.01)). This is a discretionary power, not an automatic result.
Breaching the bond. Once a person is bound, breaking a condition is a separate offence under section 811 of the Criminal Code. The Crown can proceed by indictment, with a maximum of four years’ imprisonment, or summarily. Section 811 does not set its own summary maximum, so the general summary conviction limit in section 787(1) applies: a fine of up to $5,000, imprisonment of up to two years less a day, or both.
A breach charge can lead to a conviction even though the original peace bond was not one. In practice, the conditions of a peace bond deserve the same care as bail conditions: know exactly what they say and follow them until the bond expires or is varied by the court.
Permanent residents and foreign nationals often ask whether a peace bond affects their status. Criminal inadmissibility under section 36 of the Immigration and Refugee Protection Act is based, for offences in Canada, on convictions. On the statutory text and the preventive, non-conviction nature of a peace bond, entering into a section 810 peace bond, by itself, does not make a person inadmissible under section 36.
This is not a general immigration guarantee. Section 36 also contains conduct-based grounds for acts committed outside Canada, and other inadmissibility grounds exist. A breach of a peace bond can lead to a conviction, which is a different matter. The research for this article did not locate a reported immigration decision squarely deciding the effect of a section 810 bond under section 36. If you are not a Canadian citizen, it is sensible to get advice on both the criminal and the immigration side before agreeing to any resolution. Our article on deemed rehabilitation and criminal rehabilitation explains how past convictions are treated in immigration law.
In family situations, people often hear about both peace bonds and protection orders. They are separate tools:
The Family Law Act has its own enforcement scheme, and a protection order should not be described as a section 810 recognizance. Which tool fits depends on the relationship between the people involved, the urgency and whether a family law case is already under way.
Related reading: criminal harassment charges in BC and our criminal law services.
A peace bond is a court order in which a person enters into a recognizance to keep the peace and be of good behaviour and to follow conditions set by the court. Ordinary peace bonds are made under section 810 of the Criminal Code.
No. Courts describe the peace bond regime as preventive, not as punishment for an offence, so entering into a peace bond is not a conviction. Breaching one, however, is a separate offence.
An ordinary section 810 peace bond lasts no more than 12 months. Some specialized peace bonds can last up to two years where there is a qualifying prior conviction, and the terrorism peace bond up to five years.
The court must be satisfied by the evidence that the person seeking the bond has reasonable grounds for their fear. Courts look at both whether the fear is genuinely held and whether it is objectively reasonable.
The court may add any reasonable conditions it considers desirable. It must consider a weapons prohibition and must consider no-contact and stay-away conditions to protect the person who sought the bond and their intimate partner or child.
Under section 810(3.01), the court may commit a person who fails or refuses to enter into the recognizance to prison for up to 12 months.
Breach is an offence under section 811. If the Crown proceeds by indictment, the maximum is four years’ imprisonment. On a summary conviction, the general limit is a fine of up to $5,000, up to two years less a day in jail, or both.
A peace bond is not a conviction, but courts have heard evidence of police searching police databases for peace bond details, and what appears on a particular check depends on the type of check. It is safer not to assume a peace bond will never appear anywhere.
Entering into a section 810 peace bond, by itself, does not make a permanent resident or foreign national inadmissible under section 36 of the Immigration and Refugee Protection Act, which relies on convictions for offences in Canada. Other grounds and later breaches can still matter, so advice is recommended.
It can, as part of a negotiated resolution, but there is no automatic right to one. A stayed charge can be recommenced within one year or before the limitation period ends, whichever is earlier.
No. A peace bond is a Criminal Code order. A protection order is made under section 183 of BC’s Family Law Act between family members where family violence is likely, and it has its own enforcement rules.
Yes. A private person can lay a section 810 information before a justice in BC. The justice decides whether to require the other person to attend court, and the Crown may also become involved.
If you have been asked to enter into a peace bond, are considering applying for one, or are facing a charge where a peace bond has been raised, Pax Law Corporation can help you understand your options. Pax Law Corporation is a general practice with offices in North Vancouver and Toronto, and you can book a consultation with either office.
You can also read about our criminal defence services in Toronto.
This article is for general information only and is not legal advice. The law can change and every case is different. Reading it does not create a lawyer–client relationship. For advice about your own situation, please book a consultation with a lawyer.
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